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The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of one year and six months.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.
B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.
2. With regard to each of the unlawful arguments of sentencing by the Defendant and the prosecutor, the crime of " Bosing" and the crime of " Bosing", together with the subject of major crimes committed by the economically weak and socially weak, cause more difficult situations to the victims by using a brupted place, and seriously damaging the trust of the State agencies of ordinary members, financial institutions, etc. as well as the direct victims, etc., and the social harm is very serious. The crime of " Bosing" appearing in Korea for a long time is not eradicated despite the media promotion and the intensive control and punishment by the judicial agencies, and are character and behaviored as intelligence is not eradicated, and it is because there are people participating in the crime of " Bosinging" like the Defendant, and the Defendant takes charge of withdrawing the money deposited in the passbook and delivering it to the organization of Bosing. The role of the defendant in the entire crime is that the aforementioned part of the crime is a small portion of the crime.
It is recognized that there is no possibility to see that the defendant has been punished several times due to violent crimes, etc., that the amount of defraudation reaches 2,3790,000 won in total, but the damage has not been recovered, that is not agreed with the victim, and that the part and degree of the injury suffered by the victim are significant.
However, the Defendant’s mistake is divided, there is no history of punishment heavier than a fine, the Defendant did not lead the instant fraud crime, and the actual profit appears to be less than the amount of damage caused by the crime, and the victim and the victim do not want to be punished by the Defendant, and the victim do not want to be punished by the Defendant.